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Robin D.
Robin D., Senior Tax Advisor 4
Category: Tax
Satisfied Customers: 13568
Experience:  15years with H & R Block. Divisional leader, Instructor
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My spouse and I have been separated for 6 years (not legally).

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My spouse and I have been separated for 6 years (not legally). We have separate households in different states, no children. I would like to file my taxes as unmarried, can I? In the past years, I have filed as single. Now I have been told I can not, what will happen if I change to married, filing separate? He is retired, provides no support for me at all. I work and am a student.
Submitted: 7 years ago.
Category: Tax
Expert:  Robin D. replied 7 years ago.

HelloCustomer

First, your marital status on the last day of the year determines your filing status for the entire year. Secondly, if more than one filing status applies to you, choose the one that gives you the lowest tax obligation.First, your marital status on the last day of the year determines your filing status for the entire year. Secondly, if more than one filing status applies to you, choose the one that gives you the lowest tax obligation.

 

Single. This will generally apply to anyone who is unmarried, divorced or legally separated according to your state law.

 

Since you are not legally separated or divorced then you can only legally use the Married Filing Separate Status.

You havw filed incorrectly in th epast and should file an amended return for the years that you did not use the correc status. Many credits ae not available to MFS tax payers. If you have claimed these credits in the past you may be required to pay back any credit amounts taken.

 

I hope this information is helpful to you,

 

 

 

 

 

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